Federal Court of Justice in Karlsruhe
The Federal Court of Justice announces its decision on the deletion of Schufa entries after a private bankruptcy. It is unclear whether a special regulation for credit agencies is necessary.
On Tuesday (8 a.m.) in Karlsruhe, the Federal Court of Justice (BGH) announced its decision on the deletion of Schufa entries after a private bankruptcy. A former self-employed person is arguing with the credit agency. His discharge of residual debt was entered in the nationwide insolvency portal, where the Schufa retrieved the information. (Ref. VI ZR 225/21)
While the data in the insolvency portal was deleted after six months, Schufa stored it for three years. On the other hand, the man went before the Schleswig-Holstein Higher Regional Court and was successful there. Schufa is taking action against the judgment before the BGH. This could decide whether a special regulation for credit agencies is necessary. Should the BGH have questions about the correct interpretation of the European General Data Protection Regulation, it would put them to the European Court of Justice and suspend the proceedings until the answer.
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